Restriction on parole of persons sentenced to minimum terms
(1) In any felony case, the court may impose a minimum term of imprisonment of up to one-half of the sentence it imposes.
(a) The State Board of Parole and Post-Prison Supervision shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members.
(b) The board shall not release a prisoner on parole:
(A) Who has been convicted of murder defined as aggravated murder under the provisions of ORS 163.095 (“Aggravated murder” defined), except as provided in ORS 163.105 (Sentencing options for aggravated murder); or
(B) Who has been convicted of murder under the provisions of ORS 163.115 (Murder), except as provided in ORS 163.115 (Murder) (5)(c) to (f) or 163.155 (Sentencing for murder of pregnant victim) (6) to (8). [1977 c.372 §4; 1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47; 2007 c.717 §3; 2015 c.820 §43]
Note: Section 28, chapter 790, Oregon Laws 1989, provides:
Sec. 28. The provisions of ORS 144.110 (Restriction on parole of persons sentenced to minimum terms), 144.120 (Initial parole hearing), 144.122 (Advancing initial release date), 144.125 (Review of parole plan, psychological reports and conduct prior to release), 144.130 (Prisoner to have access to written materials considered at hearings or interviews), 144.135 (Bases of parole decisions to be in writing), 144.185 (Records and information available to board), 144.223 (Examination by psychiatrist or psychologist of parole candidate), 144.245 (Date of release on parole) and 144.270 (Conditions of parole) apply only to offenders convicted of a crime committed prior to November 1, 1989, and to offenders convicted of aggravated murder or murder regardless of the date of the crime. [1989 c.790 §28; 1999 c.782 §2]
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